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Section 704(a) of the Bankruptcy Code enumerates the essential duties of a bankruptcy trustee in a chapter 7 case, requiring that the trustee “collect and reduce to money the property of the estate for which such trustee serves.” The courts have occasionally been asked to interpret whether this provision gives a governmental dimension to the functions of the trustee, and as a result, whether constitutional restrictions apply to the trustee.
In In re Lane,( George Lane, et. Al v. Western Interstate Bancorp), 280 F.3d 663 (6th Cir. 2002), the Sixth Circuit Court of Appeals, following the direction of the U.S. Supreme Court’s decision in Nobleman v. American Savings Bank, 508 U.S. 324, 113 S.Ct.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added a new provision regarding personal property leases, §365(p), which provides:
Members of the committee The second part of the 2009 Atlanta Consumer Bankruptcy Skills Training was held on June 4 at the State Bar of Georgia headquarters in Atlanta. The ABI collaborated with the Bankruptcy Section of the Atlanta Bar Association and the Metro-Atlanta Consumer Bankruptcy Attorneys Group to present the program. This
The U.S. Bankruptcy Court for the District of Idaho recently sustained a chapter 7 trustee's objection to a creditor's motion for relief from the automatic stay pursuant to 11 U.S.C.
Bankruptcy courts addressing the issue of whether debtors may deduct college expenses for their adult children post-BAPCPA have found no statutory support for such deduction. The Bankruptcy Code allows deductions for some education expenses, but limits deductions for elementary and secondary education expenses.
